BILL NUMBER: SB 1542	CHAPTERED  09/08/00

	CHAPTER   366
	FILED WITH SECRETARY OF STATE   SEPTEMBER 8, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 7, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JULY 3, 2000
	AMENDED IN SENATE   MAY 4, 2000
	AMENDED IN SENATE   APRIL 25, 2000

INTRODUCED BY   Senator Schiff
   (Principal coauthor:  Assembly Member Machado)

                        FEBRUARY 17, 2000

   An act to add and repeal Section 531 of the Military and Veterans
Code, and to add and repeal Sections 731.3 and 796 of the Welfare and
Institutions Code, relating to military academies, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1542, Schiff.    Turning Point Academy.
   Existing law provides that the Adjutant General is the head of the
Military Department.
   This bill would authorize the Adjutant General until July 1, 2002,
to develop, establish, and operate the Turning Point Academy for the
purpose of providing a comprehensive and meaningful military academy
experience for minors residing in California who are 15 years of age
or older and who have committed a firearms-related offense at school
or a school activity off school grounds.  The academy would consist
of an intensive program of treatment, physical training, education,
drug screening, and counseling services for eligible wards of the
juvenile court.
   This bill would appropriate $9,210,000 from the General Fund to
the Military Department for this purpose.
  This bill would declare that it shall take effect immediately as an
urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 531 is added to the Military and Veterans Code,
to read:
   531.  (a) The Adjutant General shall develop, establish, and
operate the Turning Point Academy for the purpose of providing a
comprehensive and meaningful military academy experience for minors
residing in California who are 15 years of age or older and who have
committed a firearms-related offense at school or a school activity
off school grounds, as described in paragraph (1) of subdivision (c)
of Section 48915 of the Education Code.
   The Turning Point Academy shall consist of an intensive program of
treatment, physical training, education, drug screening, and
counseling services for eligible wards of the juvenile court.  The
mission of the academy shall be to enhance public safety, and to
prepare youth for productive and successful lives by fostering self
esteem, self discipline, and personal accountability as individuals;
developing constructive social and community affiliations; and
providing academic and vocational education training.  The Military
Department shall contract with an accredited educational institution
for provision of the educational component of the program; this shall
include an affiliation with a local school district, county office
of education, or community college that has an agreement with a high
school.
   (b) A minor selected for the academy shall meet all of the
criteria described in Section 731.3 of the Welfare and Institutions
Code.  The academy shall be comprised of wards who are accepted into
the academy and successfully complete the academy orientation
program. Wards who are accepted into the academy shall be known as
"cadets."
   (c) At no time and in no instance shall physical or chemical
force, or physical or mental intimidation or coercion, be used for
punishment, behavior modification, or any other purpose at the
academy unless specifically in response to an emergency situation in
which a cadet or staff person faces imminent physical harm, and in
accordance with force policies adopted by the academy.
   (d) (1) Pursuant to this section, the Military Department shall
adopt policies and procedures concerning all matters relating to
cadet and staff safety; staff training; cadet discipline, motivation,
and mentoring; academic and vocational education assessment and
programming; behavior counseling; and cadet graduation planning.
   (2) The Military Department shall adopt the policies and
procedures required under paragraph (1) pursuant to the requirements
of this article and the recommendations of an advisory committee
comprised of the following representatives or their designees who
shall be appointed by the Governor unless otherwise specified:
   (A) The Adjutant General of the Military Department, who shall
chair the advisory committee.
   (B) The Director of the Youth Authority.
   (C) A representative selected by the Senate Committee on Rules.
   (D) A representative selected by the Speaker of the Assembly.
   (E) A chief probation officer of a county that has adopted a
resolution pursuant to subdivision (f) of Section 731.3 of the
Welfare and Institutions Code.
   (F) The Superintendent of the San Luis Obispo County Office of
Education.
   (G) A juvenile court judge.
   (H) A sheriff of a county that has adopted a resolution pursuant
to subdivision (h) of Section 731.3 of the Welfare and Institutions
Code.
   (I) The Sheriff of San Luis Obispo County.
   (J) A youth advocate experienced in juvenile detention issues.
   (K) An expert in the field of adolescent development or mental
health.
   (e) For custody, physical education and fitness, and leadership
training positions, the academy shall be staffed by persons meeting
the hiring and training requirements of a Youth Correctional
Counselor for the Department of the Youth Authority as of June 30,
2000, or persons who have successfully completed the Juvenile
Corrections Officer Core Course and, where required, completed
additional annual training, as regulated by the Board of Corrections.

   (f) Academic and vocational education positions at the academy
shall be staffed by persons within any of the following categories:
   (1) Any person holding a valid teacher credential issued by the
Commission on Teacher Credentialing pursuant to Article 4 (commencing
with Section 44250) of Part 25 of the Education Code.
   (2) Any person holding a valid emergency teaching or specialist
permit issued pursuant to Section 44300 of the Education Code.
   (3) Any person providing instructional services pursuant to a
waiver of requirements governing the preparation or licensing of
educators, pursuant to subdivision (m) of Section 44225 of the
Education Code.
   (g) Individual or group counseling shall be provided by a
psychiatrist, psychologist, marriage and family counselor, or
clinical social worker currently licensed as such by the state.
   (h) The academy shall be subject to Section 209 of, and Article 24
(commencing with Section 880) of Chapter 2 of Part 1 of Division 2
of, the Welfare and Institutions Code.  The Board of Corrections
shall ensure that gender specific issues, including, but not limited
to, issues of ward safety, are adequately addressed.
   (i) Following admission of a cadet into the academy,
individualized comprehensive cadet programming plans shall be
developed and implemented.  These plans shall be individualized, and
shall include all of the following programming elements:
   (1) Academic or vocational education or both.
   (2) Individual and group behavior counseling.
   (3) Physical education and fitness.
   (4) Leadership training.
   (5) Program completion goals and planning.
   (j) The department shall prepare and submit to the Legislature on
or before July 1, 2002, a report that includes all of the following:

   (1) Information regarding management of daily operations.
   (2) A statistical description of the youth participating in the
program.
   (3) The number of participants successfully completing the
program.
   (4) The arrest, reincarceration, and probation violation rates of
wards or former wards who successfully completed the academy.
   (5) Cost of the program per participant.
   (6) A description of the programs and services provided.
   (7) A description of any allegations of staff misconduct.
   (8) Any additional data or information that the Military
Department deems relevant to an objective assessment and evaluation
of the operation of the program.
   (k) Up to 5 percent of the amount appropriated to the Military
Department pursuant to the act adding this section shall be used for
an independent researcher recommended by the Legislative Analyst's
office to conduct an evaluation of the effectiveness of the academy
based on an experimental design.
   (l) This section shall become inoperative on July 1, 2002, and as
of January 1, 2003, is repealed, unless a later enacted statute, that
is enacted before January 1, 2003, deletes or extends that date.
  SEC. 2.  Section 731.3 is added to the Welfare and Institutions
Code, to read:
   731.3.  (a) Any minor who is 15 years of age or older and who is
found to have committed a firearms-related offense described in
paragraph (1) of subdivision (c) of Section 48915 of the Education
Code at school or a school activity off school grounds may be
committed to placement in the Turning Point Academy established by
Section 531 of the Military and Veterans Code for up to six months,
except as otherwise provided in this section.  After completion of
the academy, the minor shall complete six months of intensive
probation supervision in the minor's county of origin, including
participation in an aftercare program as provided in subdivision (e).

   (b) In order to be eligible to participate in the academy, a minor
shall meet all of the following criteria:
   (1) The minor is 15 years of age or older.
   (2) The minor has not been previously found to be a ward of the
court pursuant to Section 602.
   (3) The minor has not previously participated in the academy
program.
   (4) The minor has not previously been committed to the Department
of the Youth Authority.
   (5) The minor is not mentally ill and does not have sexual
problems.
   (6) The minor would benefit from the educational and treatment
program offered by the academy.
   (7) The minor is unlikely to suffer harm in the program due to
immaturity, fragility, physical or mental impairment, serious
emotional disturbance, or developmental disability.  No minor shall
be placed in the academy who is under the jurisdiction of the court
solely because of abuse or neglect.
   (c) (1) Prior to referral to the academy, the minor shall be
assessed by the county probation officer.  The county probation
officer shall perform a social study and assess the minor's mental
health status and make a determination whether the criteria
enumerated in subdivision (b) apply.  At the time the minor is
brought before a judicial officer, the judicial officer shall assess
the minor's mental health status, and shall order the minor to
continue to be detained and a mental health evaluation conducted in
accordance with Article 3 (commencing with Section 6550) of Chapter 2
of Part 2 of Division 6, if the judicial officer concludes that the
minor poses a danger to the safety of himself or herself or to the
public.  The assessment shall determine whether the minor is
physically and psychologically suitable to participate in the
program, including whether the minor has special education needs that
could not be provided by the academy program.  The assessment shall
also include a determination as to the availability of space in the
residential academy program.
   (2) If the minor is found to be unsuitable for placement in the
program, or if space is not available, the minor shall be returned to
the juvenile court for further disposition.  If the minor who is
found ineligible to participate pursuant to a deferred entry of
judgment program pursuant to Section 796, the minor shall be
permitted to withdraw an admission of guilt entered pursuant to a
deferred entry of judgment program established pursuant to Article
20.5 (commencing with Section 790), and the case shall proceed
pursuant to Article 17 (commencing with Section 675).
   (d) Upon referral to the program, during the orientation
procedure, the Military Department shall review and confirm that the
minor meets the basic eligibility requirements for participation in
the program.  If the department concludes that the minor is
unsuitable for placement in the program, the minor shall be returned
to the juvenile court for commitment to another appropriate
disposition.
   (e) The status of every minor placed in the academy shall be
reviewed periodically by the committing court as determined by the
court, but no less frequently than once monthly, as calculated from
the date of the original dispositional hearing, until the minor is
returned to the minor's county of origin.  The court shall consider
the health and safety of the minor, and any other condition or
circumstance relevant to the minor's treatment at the academy.
   (f) If, upon inspection, the probation officer of the county in
which the minor is adjudged a ward of the court determines that the
academy is an unsuitable placement for the minor, the probation
officer may temporarily remove the minor from the facility or
program.  The probation officer shall promptly inform the court of
the minor's removal, and shall return the minor to the court for a
hearing to review the suitability of continued confinement at the
academy.
   (g) The aftercare program of the academy shall be comprised of
individually designed, comprehensive, and intensive programs of
probation supervision that shall include the following phases and,
depending upon the needs and circumstances of the minor, planning,
supervision, and treatment components appropriate for each phase that
shall assure public safety and the minor's competency development as
a law-abiding citizen:
   (1) A transition planning phase that commences no sooner than four
weeks prior to a ward's release from the academy that consists of
assessing the ward and the ward's aftercare needs and requirements; a
home-based interview with the ward's family to determine and
incorporate the family's needs and circumstances into the ward's
aftercare plan; and the development of a case plan for the ward.
   (2) An intensive community-based supervision phase beginning
immediately upon the ward's release from the academy, consisting of
one or a combination of the following models based upon a ward's
individual and family needs and circumstances:
   (A) The community day school model, where the ward attends a
structured day treatment program for at least eight hours per school
day, while being intensively supervised by a probation officer.
   (B) The home supervision model, where the ward attends a regular
or court school program while being intensively supervised by a
probation officer and under the supervision of a home confinement
officer who makes daily home visits or telephone calls.
   (C) The home supervision model, where the ward attends a regular
or court school program while being intensively supervised by a
probation officer, under the supervision of a home confinement
officer, and also under electronic surveillance.
   (3) A step-down phase, in which a probation officer reassesses the
case, reviews the case plan, and begins the supervision termination
process.
   (h) This section shall apply only in a county in which the county
board of supervisors has adopted a resolution making this section and
Section 796 applicable to the county.  The resolution shall state
the intention of the county to comply with all of the requirements of
those provisions, and to provide transportation for the minors to
and from the residential academy.
   (i) This section shall become inoperative on July 1, 2002, and as
of January 1, 2003, is repealed, unless a later enacted statute, that
is enacted before January 1, 2003, deletes or extends that date.
  SEC. 3.  Section 796 is added to the Welfare and Institutions Code,
to read:
   796.  (a) This section shall apply in any county in which the
county board of supervisors has adopted a resolution making this
section and Section 731.3 applicable.
   (b) Notwithstanding the eligibility criteria contained in
subdivision (a) of Section 790 but subject to subdivision (b) of
Section 790, whenever a case is before the juvenile court for a
determination of whether the minor is a person described in Section
602 because of the commission of a firearms-related offense at school
or a school activity off school grounds described in paragraph (1)
of subdivision (c) of Section 48915 of the Education Code, deferred
entry of judgment procedures described in this chapter shall apply,
if all of the following circumstances apply:
   (1) The minor has not previously been committed to the custody of
the Department of the Youth Authority.
   (2) The minor's record does not indicate that probation has ever
been revoked without being completed.
   (3) The minor is at least 15 years of age at the time of the
hearing.
   (4) The minor is eligible for probation pursuant to Section
1203.06 of the Penal Code.
   (5) The current offense is not one described in subdivision (b) of
Section 707.
   (6) The minor has not previously committed an offense described in
subdivision (b) of Section 707.
   (7) The minor is not otherwise ineligible pursuant to Section
731.3.
   (c) The prosecuting attorney shall review his or her file to
determine whether or not paragraphs (1) to (7), inclusive, of
subdivision (b) apply.
   (d) Upon completion of the requirements for deferred entry of
judgment contained in this chapter, except as modified by this
section, a minor described in subdivision (a) shall be ordered to
participate in the Turning Point Academy program, pursuant to Section
731.3.  As a condition of participation, the juvenile court judge
shall order the minor to obey all orders and rules of the academy.
   (e) Notwithstanding subdivision (a) of Section 793, the juvenile
court judge may also enter judgment and schedule a dispositional
hearing if the judge determines that the minor is not complying with
the rules and orders of the Turning Point Academy.
   (f) (1) If the minor has performed satisfactorily during the
period in which deferred entry of judgment was granted, at the end of
that period the charge or charges in the wardship petition shall be
dismissed and the arrest upon which the judgment was deferred shall
be deemed never to have occurred and any records in the possession of
the juvenile court shall be sealed, except that the prosecuting
attorney and the probation department of any county shall have access
to these records after they are sealed for the limited purpose of
determining whether a minor is eligible for deferred entry of
judgment pursuant to Section 790.  Nothing in this section is
intended to abrogate the minor's rights pursuant to Section 781
regarding the sealing of records.
   (2) If the minor successfully completes the Turning Point Academy
program, the minor shall be permitted to reenroll in the school from
which he or she was expelled pursuant to Section 48915 of the
Education Code, if applicable.
   (g) In all other respects, the procedures, requirements, and
consequences relating to deferred entry of judgment contained in
Sections 790 to 795, inclusive, shall apply.
   (h) This section shall become inoperative on July 1, 2002, and as
of January 1, 2003, is repealed, unless a later enacted statute, that
is enacted before January 1, 2003, deletes or extends that date.
  SEC. 4.  The sum of nine million two hundred ten thousand dollars
($9,210,000) is hereby appropriated from the General Fund to the
Military Department for the purpose of implementing this act.  Funds
received pursuant to this act shall be expended in accordance with
the provisions of this act no later than June 30, 2002, and the
unencumbered balance on that date shall revert to the General Fund.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to make the programs authorized by this act available at
the earliest possible time, it is necessary that this act take effect
immediately.
